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Arbitration of Commercial Disputes: International and English Law and Practice

Arbitration of Commercial Disputes: International and English Law and Practice

Author: Andrew Tweeddale; Keren Tweeddale
Publisher: Oxford University Press
ISBN: 9780199216475
Published In: February 2007
Format: Paperback , 1128 pages
Jurisdiction: International, U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Comprehensive text on international and English commercial arbitration, now reissued in paperback (without appendices)
A one-stop guide that considers both international and English arbitration law and practice
Coverage includes Rules of Arbitration of the ICC, LCIA, ICSID and the UNCITRAL Model Law, the UK Arbitration Act 1996 and numerous practical examples from other tribunals and jurisdictions
Offers a fully up-to-date and thorough review of case law, providing lawyers with a convenient research tool
Written in a clear and approachable style, it is a convenient source of reference for expert practitioners and an ideal primer for students of arbitration
It has a complete and detailed set of precedents which will prove invaluable to anyone involved in arbitration, with or without a law background

This significant work is now reissued in paperback, without appendices. The text provides a detailed yet clear and accessible guide to English and international arbitration law. The book initially deals with the principles of arbitration as examined from an international perspective. The authors identify fundamental principles of arbitration law that are common to all jurisdictions, and show how some principles of arbitration law are treated differently in various jurisdictions. The book also examines some of the key jurisprudential questions, such as whether an international commercial arbitration is anchored to the place or seat of the arbitration, whether an arbitral award can be enforced even it has been annulled, and the continuing development and use of the lex mercatoria to resolve international commercial arbitrations.

The sections on English arbitration law are structured around the provisions of the English Arbitration Act 1996. The work examines in turn the parties to the arbitration, the arbitration agreement, the powers and jurisdiction of the arbitral tribunal, the making of an award and its enforcement. In order to assist practitioners the authors have particularly focused on areas of the law which have changed over recent years and which are still developing. The book gives detailed analysis of court decisions and trends in areas where no clear authority exists, such as in the incorporation of arbitration clauses, and the drafting of arbitration notices. The book also deals thoroughly with costs and appeals.

The final section of

Arbitration of Commercial Disputes

provides a comprehensive set of precedents. The precedents section includes both standard arbitration clauses and bespoke agreements, plus examples of clauses dealing with other forms of ADR prior to arbitration. There are also a number of procedural precedents including a set of Terms of Reference, Directions and a confidentiality agreement. There is finally a set of Awards and a section on applications to the English courts.

Readership: Post-graduate students studying arbitration/ADR; Lawyers (practitioner, judiciary and academics) dealing with arbitration, international arbitration and ADR; UK and international law libraries; non-lawyer arbitrators; arbitrator institutes and arbitrator nominating bodies.

Foreword
Part I: An Introduction to ADR
1: Alternative Dispute Resolution
Part II: International Arbitration - Principles and Practice
2: The Principles of Arbitration
3: Arbitration Institutions and Ad Hoc Arbitration
4: The Arbitration Agreement and the Parties
5: The Arbitral Tribunal and Jurisdiction
6: The Applicable Law
7: The Procedural Laws of the Arbitration
8: Preliminary Proceedings
9: The Powers of the Arbitral Tribunal and Interim Measures of Protection
10: Evidence, the Award and Remedies
11: Privacy and Confidentiality
12: Challenging the Award
13: Recognition and Enforcement of the Award
14: Treaties and Conventions
Part III: Arbitration under English Law
15: Introduction to English Arbitration Law
16: The Scope and Characteristics of Arbitration
17: Commencing an Arbitration
18: Extending Time to Commence Arbitration Proceedings
19: The Parties
20: The Arbitration Agreement
21: Incorporating the Arbitration Agreement
22: Appointing the Arbitral Tribunal and the Cessation of its Office
23: The Arbitral Tribunal
24: Challenging the Arbitral Tribunal's Jurisdiction in the Proceedings
25: Powers of the Court
26: Procedural Matters Under the Arbitration Act 1996
27: Challenging and Appealing the Award
28: Appeal on a Point of Law
29: Powers of the Arbitral Tribunal in Respect of the Award
30: The Award
Part IV: Precedents
a) Arbitration Agreements (Model Arbitration Clauses, Ad Hoc Arbitration Agreements, Arbitration Following ADR, Incorporation of Arbitration Clause from Another Contract)
b) Mediation Agreement
c) Appointments and Jurisdictional Clauses (General Jurisdiction Clauses, Appointment of Arbitrator, Termination of Arbitrator's Appointment, ICSID Model Jurisdictional Clauses)
d) Commencing an Arbitration (Arbitration Notices)
e) Joinder and Consolidation Clauses (Joinder Provisions in Main Contract and Sub-contract, Agreement Between the Parties Extending the Arbitral Tribunal's Jurisdiction to Deal with a New Dispute, Agreement Between the Parties and a Third Party Permitting the Joinder of the Third Party into an Existing Dispute)
f) Terms of Reference in an International Arbitration Conducted under the ICC Rules of Arbitration
g) Procedural Clauses (Timetable and Orders for Directions, Disclosure, Security for Costs, Power of Attorney, Confidentiality Clauses, Calderbank Offer)
h) Pleadings and Awards (Points of Claim, Final Award, Agreed Award)
i) Applications to the Court (Arbitration Forms, Applications to the Court, Witness Statements in Support of Court Applications, Draft Orders)

Andrew Tweeddale, Solicitor-Advocate, Corbett & Co, and Keren Tweeddale, Lecturer, London South Bank University

""This book is an excellent resource not only for ADR practitioners but also for members of the international business community...The authors do an especially good job of discussing concepts that are usually overlooked in other works."" - Dispute Resolution Journal